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FA/3154/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 3154 of 2010
With
CIVIL
APPLICATION No. 12364 of 2010
=========================================================
NATIONAL
INSURANCE CO LTD - Appellant
Versus
ASGARBHAI
KURBANHUSEN PITOLVALA & 2 - Defendants
=========================================================
Appearance :
MR
MEHUL SHARAD SHAH for
Appellant,
None for Defendants : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 14/10/2010
ORAL
ORDER
Learned
advocate for the appellant has contended that the appeal is filed
mainly on the count of incorrect method of considering the
prospective income of the deceased, who was admittedly a student
prosecuting his studies and not earning anything when the accident
accused. The notional and prospective income therefore ought to have
been inspired from the schedule and there was no scope for any other
guess work. The Appeal deserves to be admitted and is admitted.
Order
in Civil Application :
Heard
learned advocate for the applicant. Rule returnable on 29.11.2010. In
the meantime and till the returnable date, there shall be an
ad-interim relief staying the operation, implementation and
execution of the impugned judgment and award on condition of
depositing the entire amount before the Tribunal in the name of the
Nazir within six weeks from today. The concerned Tribunal is directed
to deposit the same initially for a period of three months with the
Nationalized Bank. The further order of disbursement and/or further
deposit will be made after the respondents are served. As this order
is passed ex-parte, it is needless to observe that the respondents
will have right to approach the Court even prior to the returnable
date in this Civil Application for modification/vacation of the
interim relief with an intimation to the other side.
(S.R.BRAHMBHATT,
J.)
pallav
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